Kiel & Colleagues:
Advanced Tax Consultancy

In our view, tax consultancy should consider all corporate business matters, providing professional services on all traditional consulting areas, clear strategies around operational consultancy, and, of course, helping companies from all industries. Accordingly, we tailor out consultancy services to your particular needs, i.e. you never will receive more services than those actually required to that end.

Tax Consultant Thomas Kiel,
Diplom-Ökonom

I consider certain key events from childhood, youth and adulthood much more relevant than any information. This includes, for instance, the first time I met my wife twenty years ago, helping my four children grow up as well-rounded individuals, and everything enjoyed with friends and companions along the way. These experiences form the basis of my professional identity.

Tax Consultant Claudia Sauerbier,
Diplom-Kauffrau

My work as a tax consultant allows me to find creative solutions for our clients on complex subject areas. For example, offering foundation consultancy to non-profit organisations is a continuous yet exciting challenge. Furthermore, professional tax consultants should always bear in mind that they are dealing with people and their professional identity. This is, indeed, my personal driver at work: To help my clients with practical and specific solutions.

Different industries – individual consultancy

No matter the legal form, industry, or company size; our advice is precisely tailored to your requirements

Because we know that customers value and need individually tailored solutions over off-the-shelf tax advice. Far from the cookie-cutter approach, our consultancy invariably revolves around your organisation’s requirements. We see ourselves as partners by your side. Our abilities go far beyond the simple handling of fiscal transactions. In fact, we can help you design all of your company’s business processes.

A selection of our consultancy clients:

Mid-sized companies: For the most important part of the economy

Medium-sized companies are more than just “hidden champions” in Germany. In fact, they bring stability to the German economy, but demand extensive tax and economic consultancy to keep on doing so.

Our services help you concentrate entirely on your core business, because our client-optimised work protects you against unpleasant surprises. This includes our timely handling and delivery of all necessary declarations and financial statements. Digital and ever-transparent (financial) accounting is the basis of your efficient controlling. It not only provides you with insight into your current treasury position regardless of time and location, but also underlies your planning process. Although no entrepreneur would be glad to receive a tax audit notification, we can help you navigate this process while actively representing your position. We shall also handle claims and appeals as your trusted partner.

All in all, nobody knows the economic background of your company as well as your tax consultant. That is why, as commercial and economic professionals, we offer a range of consultancy services that extend far beyond the traditional portfolio. Your benefit: Optimised organisation, transparent procedures, and a clear strategy

Health professionals: Special expertise for doctors and pharmacists

Even if large physicians’ offices and pharmacies with branches are basically commercial enterprises, they differ from conventional companies in a few ways. Further to the classification as regulated professions and restrictions on external representation, this also includes numerous business details.

Whether as a doctor or pharmacist, you already bear a significant administrative burden: We will keep your back with our tax consultancy support. This includes all ACCOUNTING MATTERS and the organisation of your practice. Are you a new founder or just plan to establish yourself? If so, we can be your partner in drafting a solid business plan, searching for a suitable site, seeking subsidies, or in preparing expert reports for your practice. And if you are contemplating a well-earned retirement, we can help you SELL OR TRANSFER your practice. In this way, medical professionals and pharmacists benefit from our full-service throughout their professional life.

Only a few professional groups benefit this much from professional co-operation as health care professionals do. However, it is difficult to find a suitable solution among the endless possibilities. For example, is it advisable to cooperate with clinics or with other specialist disciplines in health centres? Let’s find out.

As in many other areas, business success for health care professionals also arises from team play. Different disciplines mutually benefit from their know-how. There are synergies in administration, personnel, the use of medical devices, common consultations, and many other topics. A perfect example thereof is the cooperation of dentists and jaw surgeons. However, all of these matters are highly complex and hard to grasp for economic laymen, let alone to understand their fiscal implications. We shall be glad to answer these questions.

Professional sports associations: Staying true to their non-profit nature

Sports associations with professional sections are undergoing minor changes: While their non-profit nature offers them a few, non-negligible advantages, their economic activity clashes with their status. We have identified a few sensible ways out of this conundrum, which we would like to share with you.

In this context, associations leading one or more professional sections are prevented from pursuing any mainly economic or profit-oriented endeavour. In the worst-case scenario, a Tax Office inspection may revoke the non-profit status of the association, which may mean its end as an organisation. This undesirable situation may be triggered by ignorance of the complex NON-PROFIT LAW, wrong advice in the formulation of the statutes, and errors in the formation of assets or reserves, or when divesting sections. Fortunately, you can avoid such pitfalls by relying on our experience and knowledge of this intricate legal area.

Through our advice, you can take the necessary measures to harmonise association and non-profit law with the commercial activity. Needless to say, we primarily seek to preserve your non-profit condition.

The provisions of the non-profit-making law are particularly relevant for tax purposes, specifically regarding the recognition of associations as non-profits by the Tax Office. Moreover, association statutes must also meet the special requirements of sporting federations, such as those of the DFB by German professional clubs. These different requirements can be met, for instance, by spinning off professional sports sections into GmbHs (German limited liability company). Despite professionally operated sports and income from the game arising from transfers or sponsors, our structural advice helps retain the non-profit nature of the parent club or association. We also ensure that association boards are exposed to a minimum liability risk.

Individuals: Never pay more taxes than those lawfully owed to the State

Germany’s tax law is rightly regarded as the most complex and extensive legal system of ​​its kind in the world. For the average taxpayer, its processes and regulations prove nearly unmanageable.

This is indeed true for a most people attempting to complete an income tax declaration correctly, possibly struggling with all investments, let alone regarding capital gains tax, or the tax assessment of properties, land and real estate. We analyse your assets and deposits, check withholding tax applications, and tax deductions through the bank. Upon dispute, our advice can save you money – it’s yours after all!

Take on old-age insurance with property ownership or purchase? It is a sensible idea when interest rates are low, and provided the tax implications of such purchase are considered.

Property can be subject to a myriad of different tax types. Thus, further to the basic purchase tax on the acquisition and the current property tax, VAT may be applicable, and inheritance or gift tax may be also due; what is more, the surplus is relevant for income taxation purposes, very much like it would on a property sale. Need we say anything else? It would be best if we could have a conversation before buying.

Different industries – individual consultancy

No matter the legal form, industry, or company size; our advice is precisely tailored to your requirements

Because we know that customers value and need individually tailored solutions over off-the-shelf tax advice. Far from the cookie-cutter approach, our consultancy invariably revolves around your organisation’s requirements. We see ourselves as partners by your side. Our abilities go far beyond the simple handling of fiscal transactions. In fact, we can help you design all of your company’s business processes.

A selection of our consultancy clients:

Mid-sized companies: For the most important part of the economy

Medium-sized companies are more than just “hidden champions” in Germany. In fact, they bring stability to the German economy, but demand extensive tax and economic consultancy to keep on doing so.

Our services help you concentrate entirely on your core business, because our client-optimised work protects you against unpleasant surprises. This includes our timely handling and delivery of all necessary declarations and financial statements. Digital and ever-transparent (financial) accounting is the basis of your efficient controlling. It not only provides you with insight into your current treasury position regardless of time and location, but also underlies your planning process. Although no entrepreneur would be glad to receive a tax audit notification, we can help you navigate this process while actively representing your position. We shall also handle claims and appeals as your trusted partner.

All in all, nobody knows the economic background of your company as well as your tax consultant. That is why, as commercial and economic professionals, we offer a range of consultancy services that extend far beyond the traditional portfolio. Your benefit: Optimised organisation, transparent procedures, and a clear strategy

Health professionals: Special expertise for doctors and pharmacists

Even if large physicians’ offices and pharmacies with branches are basically commercial enterprises, they differ from conventional companies in a few ways. Further to the classification as regulated professions and restrictions on external representation, this also includes numerous business details.

Whether as a doctor or pharmacist, you already bear a significant administrative burden: We will keep your back with our tax consultancy support. This includes all ACCOUNTING MATTERS and the organisation of your practice. Are you a new founder or just plan to establish yourself? If so, we can be your partner in drafting a solid business plan, searching for a suitable site, seeking subsidies, or in preparing expert reports for your practice. And if you are contemplating a well-earned retirement, we can help you SELL OR TRANSFER your practice. In this way, medical professionals and pharmacists benefit from our full-service throughout their professional life.

Only a few professional groups benefit this much from professional co-operation as health care professionals do. However, it is difficult to find a suitable solution among the endless possibilities. For example, is it advisable to cooperate with clinics or with other specialist disciplines in health centres? Let’s find out.

As in many other areas, business success for health care professionals also arises from team play. Different disciplines mutually benefit from their know-how. There are synergies in administration, personnel, the use of medical devices, common consultations, and many other topics. A perfect example thereof is the cooperation of dentists and jaw surgeons. However, all of these matters are highly complex and hard to grasp for economic laymen, let alone to understand their fiscal implications. We shall be glad to answer these questions.

Professional sports associations: Staying true to their non-profit nature

Sports associations with professional sections are undergoing minor changes: While their non-profit nature offers them a few, non-negligible advantages, their economic activity clashes with their status. We have identified a few sensible ways out of this conundrum, which we would like to share with you.

In this context, associations leading one or more professional sections are prevented from pursuing any mainly economic or profit-oriented endeavour. In the worst-case scenario, a Tax Office inspection may revoke the non-profit status of the association, which may mean its end as an organisation. This undesirable situation may be triggered by ignorance of the complex NON-PROFIT LAW, wrong advice in the formulation of the statutes, and errors in the formation of assets or reserves, or when divesting sections. Fortunately, you can avoid such pitfalls by relying on our experience and knowledge of this intricate legal area.

Through our advice, you can take the necessary measures to harmonise association and non-profit law with the commercial activity. Needless to say, we primarily seek to preserve your non-profit condition.

The provisions of the non-profit-making law are particularly relevant for tax purposes, specifically regarding the recognition of associations as non-profits by the Tax Office. Moreover, association statutes must also meet the special requirements of sporting federations, such as those of the DFB by German professional clubs. These different requirements can be met, for instance, by spinning off professional sports sections into GmbHs (German limited liability company). Despite professionally operated sports and income from the game arising from transfers or sponsors, our structural advice helps retain the non-profit nature of the parent club or association. We also ensure that association boards are exposed to a minimum liability risk.

Individuals: Never pay more taxes than those lawfully owed to the State

Germany’s tax law is rightly regarded as the most complex and extensive legal system of ​​its kind in the world. For the average taxpayer, its processes and regulations prove nearly unmanageable.

This is indeed true for a most people attempting to complete an income tax declaration correctly, possibly struggling with all investments, let alone regarding capital gains tax, or the tax assessment of properties, land and real estate. We analyse your assets and deposits, check withholding tax applications, and tax deductions through the bank. Upon dispute, our advice can save you money – it’s yours after all!

Take on old-age insurance with property ownership or purchase? It is a sensible idea when interest rates are low, and provided the tax implications of such purchase are considered.

Property can be subject to a myriad of different tax types. Thus, further to the basic purchase tax on the acquisition and the current property tax, VAT may be applicable, and inheritance or gift tax may be also due; what is more, the surplus is relevant for income taxation purposes, very much like it would on a property sale. Need we say anything else? It would be best if we could have a conversation before buying.

Tax consultancy: Far more than routine advice

As a tax consultant, we can process the tax obligations of our clients correctly, submit declarations on time, deliver clean accounting, and then settle all services delivered according to the Remuneration Regulation for tax advisors, tax agents and tax consultants (StBVV). This is all fine, but fails to define our profession.

In our view, good tax consultancy does first and foremost concern our commitment to the customer, and the civil yet resolute representation of their interests before the Tax Office. Key to this process is the moderation between both parties, and the accurate interpretation of the German Tax Office’s convoluted mandates. Extensive know-how including continuing education and training is required to deliver value to customers, because the legislator regularly amends and issues new regulations, making the relevant tax legislation ever more complex.

This shall suffice as a description of our professional identity; in the end, the above-mentioned features are by no means the norm. At any rate, our services extend far beyond the usual tax consultancy menu, because we always view companies as a whole.

Our holistic approach accompanies and supports organisations throughout their entire life cycle, for example, from drafting business plans to succession planning. As your trusted partners, we can help you develop long-term tax strategies in support of your business vision. At the same time, our guiding principle as tax consultants remains the business optimisation of your company.

Our services in detail

Payroll and financial accounting: A taste of modern accounting

The importance of accounting is often underestimated, even if it underlies your controlling processes. You can save significant resources by outsourcing time-consuming and costly work.

In doing so, you no longer depend on your workforce’s absence and vacation schedule. Moreover, you can save on employee induction, further education and training, while avoiding any expensive software and updates. And data security is no longer a concern. And apropos digitisation: Modern accounting is digital accounting. Pendulum files and overflowing paperwork are a thing of the past. Today, you can check your treasury figures at any time, from any location.

Accurate, in-depth knowledge of different legal areas is key to proper payroll and financial accounting. However, tax, social security and labour law changes regularly – under our watchful eye.

Relevance of declarations & financial statements

Income tax declarations or financial statements are burdensome and costly obligations, which use up valuable resources and only benefit the tax consultant’s coffers. This is simply untrue: Let us provide you with four solid reasons why you should regard declarations as valuable instruments.

1. Banks consider a sound balance sheet as the best argument to grant a loan. Whether for ongoing investments, machine park extensions, or the opening of new sites, credit institutions will first review the applicant’s annual financial statements. Other lenders and potential shareholders will also scrutinise your figures very carefully before committing to your project. What is more, the balance sheet is the most important rating factor under Basel III. 2. Strategic decisions are not least due to the current balance sheet. 3. The tax consultant’s conclusion creates legal certainty for you as managing director. 4. Although hardly a practical argument, it is equally important to remember that declarations are mandated by law.

In the case of “external reporting”, we may be able – for instance, in the case of consolidated financial statements – to take care of the whole transaction.

Sample of our declarations and annual financial statements services:

Preparation of the annual financial statements including all components (balance sheet, profit and loss account, notes, collaboration in drafting the management report)

Clean reporting

Preparation of all related tax declarations including the tax group

Balance sheet analysis and presentation

Special balance sheets such as interim financial statements, strategic investments, company foundations or liquidation

Consolidated financial statements according to the German Commercial Code (Handelsgesetzbuch – HGB)

Tax audits: No reason for concern

The Tax Office has not neglected its own technical and process development in recent years. The digitalisation of tax inspection procedures has increased the number of audits, because the Tax Office can now perform them more efficiently, faster, and more extensively. This should be no cause for concern.

We supervise the tax audit, as well as all inspections carried out by pension insurers, the Federal Office, and health insurance companies. While our stance is perfectly neutral, we are firmly committed to your business success. Because we understand what competencies the auditor has and which not. We prepare all documents, and the audit can take place in our offices, in your company’s premises, or in those of the Tax Office. The audit ends once the closing meeting is held and the audit report is issued. We shall thoroughly review the outcome and recommend an appropriate approach.

The main prerequisite for successful audit is a clean and transparent ACCOUNTING, which is usually the most important audit item. If you have entrusted us with the accounting, you have nothing to fear.

Sample of our tax audit services:

Prevention of possible audit findings within the scope of the financial accounting / financial statements

Preparation of all relevant documents

Support to the audit process, answering on your behalf all auditors’ questions

To be right and to be proven right: Managing objections and claims

In general, there are reasonable chances of being proven right upon objecting to a tax assessment. According to an expert opinion, up to one third of all assessments are incorrect. In 2016, about three million taxpayers and companies came to such conclusion and appealed.

Moreover, the legal opinion of the Tax Office is not the expression of a higher power to be blindly obeyed without any objection whatsoever. On the contrary, if the tax assessment is indeed incorrect and there is chance to win the case, you should absolutely exercise your right of appeal. Before doing so, however, it is important to weigh risks and opportunities carefully, because if the appeal is not sustained – the so-called “vilification” – the tax burden increases relative to the original one. We will analyse your case and offer detailed advice on how to proceed further.

And what happens after the appeal? You should appeal whenever there is a discrepancy between your legal interpretation and that of the Tax office. Also, your cost-benefits analysis should indicate if and how to proceed. Throughout the process, we stand by your side, representing you in court to defend your legal position.

Sample of Claims and Appeals Services:

Expert opinions

Execution of the appeal procedure / objection

Claim before the financial courts and the Bundesfinanzhof

Process management, if necessary with the involvement of specialist jurists

Our services in detail

Payroll and financial accounting: A taste of modern accounting

The importance of accounting is often underestimated, even if it underlies your controlling processes. You can save significant resources by outsourcing time-consuming and costly work.

In doing so, you no longer depend on your workforce’s absence and vacation schedule. Moreover, you can save on employee induction, further education and training, while avoiding any expensive software and updates. And data security is no longer a concern. And apropos digitisation: Modern accounting is digital accounting. Pendulum files and overflowing paperwork are a thing of the past. Today, you can check your treasury figures at any time, from any location.

Accurate, in-depth knowledge of different legal areas is key to proper payroll and financial accounting. However, tax, social security and labour law changes regularly – under our watchful eye.

Relevance of declarations & financial statements

Income tax declarations or financial statements are burdensome and costly obligations, which use up valuable resources and only benefit the tax consultant’s coffers. This is simply untrue: Let us provide you with four solid reasons why you should regard declarations as valuable instruments.

1. Banks consider a sound balance sheet as the best argument to grant a loan. Whether for ongoing investments, machine park extensions, or the opening of new sites, credit institutions will first review the applicant’s annual financial statements. Other lenders and potential shareholders will also scrutinise your figures very carefully before committing to your project. What is more, the balance sheet is the most important rating factor under Basel III. 2. Strategic decisions are not least due to the current balance sheet. 3. The tax consultant’s conclusion creates legal certainty for you as managing director. 4. Although hardly a practical argument, it is equally important to remember that declarations are mandated by law.

In the case of “external reporting”, we may be able – for instance, in the case of consolidated financial statements – to take care of the whole transaction.

Sample of our declarations and annual financial statements services:

Preparation of the annual financial statements including all components (balance sheet, profit and loss account, notes, collaboration in drafting the management report)

Clean reporting

Preparation of all related tax declarations including the tax group

Balance sheet analysis and presentation

Special balance sheets such as interim financial statements, strategic investments, company foundations or liquidation

Consolidated financial statements according to the German Commercial Code (Handelsgesetzbuch – HGB)

Tax audits: No reason for concern

The Tax Office has not neglected its own technical and process development in recent years. The digitalisation of tax inspection procedures has increased the number of audits, because the Tax Office can now perform them more efficiently, faster, and more extensively. This should be no cause for concern.

We supervise the tax audit, as well as all inspections carried out by pension insurers, the Federal Office, and health insurance companies. While our stance is perfectly neutral, we are firmly committed to your business success. Because we understand what competencies the auditor has and which not. We prepare all documents, and the audit can take place in our offices, in your company’s premises, or in those of the Tax Office. The audit ends once the closing meeting is held and the audit report is issued. We shall thoroughly review the outcome and recommend an appropriate approach.

The main prerequisite for successful audit is a clean and transparent ACCOUNTING, which is usually the most important audit item. If you have entrusted us with the accounting, you have nothing to fear.

Sample of our tax audit services:

Prevention of possible audit findings within the scope of the financial accounting / financial statements

Preparation of all relevant documents

Support to the audit process, answering on your behalf all auditors’ questions

To be right and to be proven right: Managing objections and claims

In general, there are reasonable chances of being proven right upon objecting to a tax assessment. According to an expert opinion, up to one third of all assessments are incorrect. In 2016, about three million taxpayers and companies came to such conclusion and appealed.

Moreover, the legal opinion of the Tax Office is not the expression of a higher power to be blindly obeyed without any objection whatsoever. On the contrary, if the tax assessment is indeed incorrect and there is chance to win the case, you should absolutely exercise your right of appeal. Before doing so, however, it is important to weigh risks and opportunities carefully, because if the appeal is not sustained – the so-called “vilification” – the tax burden increases relative to the original one. We will analyse your case and offer detailed advice on how to proceed further.

And what happens after the appeal? You should appeal whenever there is a discrepancy between your legal interpretation and that of the Tax office. Also, your cost-benefits analysis should indicate if and how to proceed. Throughout the process, we stand by your side, representing you in court to defend your legal position.

Sample of Claims and Appeals Services:

Expert opinions

Execution of the appeal procedure / objection

Claim before the financial courts and the Bundesfinanzhof

Process management, if necessary with the involvement of specialist jurists

Business consultancy: Optimize the entire enterprise

No one is so well suited to provide business advice for your company as your tax consultant. Further to our intimate understanding of your figures, data, and our professional skills, we have the necessary distance to always keep the entire picture in sight.

Of course, any good strategy stands on thorough, all-round analysis. Accordingly, we shall gladly support you in setting up or restructuring your controlling processes. On the basis of reliable data, we carry out target / actual comparisons, capital requirement planning, variance analyses, cost accounting and cost centre accounting, which can be used, for example, to monitor the success of individual branches or departments. Using this information as a starting point, we conduct your financial planning, i.e. the planning of income, liquidity and balance sheet, as well as of every other business component. Thus, we can directly establish or optimise new structures as part of your business processes, either as an external service provider or as an interim manager. Our services cover the planning, execution and development of company acquisitions and sales, as well as company mergers. Are you looking for a company successor? If so, we can help.

A selection of our services:

Interim management: Business advice when and where needed.

In our digitized world, it is irrelevant whether intellectual services are provided on premise; ultimately, it is the outcome that matters. While this is certainly true for employees working remotely or from home, our offering in this respect looks somewhat different. Understand the advantages of interim management directly in your company.

Especially in exceptional situations and far-reaching changes such as company acquisitions, rebuilding of departments, branch or subsidiary closing, product launches, or the search for a SUCCESSOR, managing the process directly at your site might prove beneficial.

In this context, face to face communication and dialogue become more direct and easier, and this immediacy shortens decision-making cycles. What is more, employees can attribute any decisions we make together to actual persons, which lends legitimacy to the whole process.

We can thus discuss, directly on-premise, financial planning, the establishment / restructuring of the controlling department, or simply a compensation for unexpectedly terminated employees. This form of business consultancy includes personnel responsibility, for instance, when restructuring or optimising your organisation.

Making profits as a non-profit organisation: Reconciling both realities

The non-profit status is a meaningful institution, which can be roughly described as follows: Anyone doing something for the common good receives tax advantages on the part of the State in return. To be sure, the legislator pursues a whole series of non-profit purposes from SPORTS to international understanding; however, standards for interpreting what may and may not constitute a non-profit organization prove much stricter.

And non-profit organisations whose status is revoked by the Tax Office can face significant economic difficulties including bankruptcy. In such cases, for example, the Tax Office demands the retroactive settlement of corporation tax. Organisations that operate as a non-profit, limited liability companies (gGmbH), therefore, must meet a number of requirements e.g., from the wording of their statutes to day-to-day operation. How are profits generated, how are assets and reserves formed, how can we establish a clean separation between non-profit and commercial operations? For example, these questions must be specifically addressed for organisations such as retirement homes, which reinvest money in real estate to benefit from the rental income, or which operate a coffee shop for their residents and hire staff.

As tax consultants, we support you from the foundation of the non-profit organization / association to its full development and regular operation. We provide legal advice through experienced lawyers from our network.

Services for non-profit companies and associations (extract):

Consultancy in establishing non-profit organisations, in particular family foundations

Tax consultancy regarding the drafting of company agreements and statutes

Consultancy of on asset and reserve formation

Tax consultancy and advice on legal certainty in the current business (accounting, input tax deductions, VAT specifics, etc.)

Fulfilment of tax declarations, preparation of annual financial statements as well as asset and resource utilization statements

Succession consultancy: Leaving your life’s work in good hands

As they start thinking about succession, owners have usually worked for decades in their company. This is particularly true for family businesses, where owners have great emotional attachment to their organisations. And this should come as no surprise, as it is their life’s work. We ensure a smooth delivery to the next generation, either through a gift during the owner’s lifetime, or via a testamentary decision.

In our experience, successful succession consultancy must look at the process as whole, from all possible angles. The will of the potential testator is paramount throughout the entire planning phase, and making his or her wishes come true remain our top priority. To avoid misunderstandings, nonetheless, the entire owner’s family must be included. In this scenario, we strive to reconcile distinct positions and ideas. In our experience and according to all parties involved, our mediation avoids inheritance disputes.

Generally speaking, succession consultancy engagements unfold as follows: After preparing an asset inventory, we review the testator’s will and seek agreement with potential heirs. We calculate their tax burden, define a strategy for its optimisation, and proceed to its execution. Moreover, we often monitor – upon request – the long-term implementation of the overall conditions.

A valuable tip: Lifemap® is a useful tool to deal with inheritances. As your tax consultant, we shall compile all relevant documents, from the will to bank statements to insurance policies. All documents in one place and one less thing to consider!

Succession consultancy services:

Preparation of asset inventory including private balance sheets

Development of a tax-optimised gift / inheritance model that is primarily oriented to the wishes of the donor / testator

Gift tax assessment of companies and other assets

Complete coordination of the implementation of civil law implementation, with the involvement of suitable experts from our network

Who determines the value of a company?

As an entrepreneur, you will have full knowledge of your company’s assets and liabilities. But, even if the company is more than the sum of its parts, what is the value of the vehicle fleet, machinery, real estate, patents and all other assets? The answer to this question is key when it comes to sales or acquisitions.

Whether buyers or sellers, both sides should receive or pay their dues through a transparent acquisition process, and a fair, market-based purchase / sale price. We can support this process from the initial analysis to the moment contracts are signed. Needless to say, we shall start even earlier for sales operations. Through appropriate measures such as restructuring and strategic balance sheet planning, we prepare the sale in the long term. Whether we are looking for a company’s purchase price, a purchase / sale or a merger, our network remains at your disposal.

Although the above-mentioned processes always involve several people with their specializations and competences, you are assigned a single, central contact person, who coordinates all service providers for you.

Sample of services for sales, mergers and acquisitions:

Set up a digital data source for all relevant documents

Complete verification (tax and financial due diligence) for the buyer, support to the seller during due diligence

Support for the purchase model development

Determination of the purchase price based on agreed models

Moderation of price negotiations

Supporting the implementation of civil law from the creation of the contract to the notarial certification

Post-transaction: Monitoring / supervision of the agreement IN OPERATION

Business consultancy: Optimize the entire enterprise

No one is so well suited to provide business advice for your company as your tax consultant. Further to our intimate understanding of your figures, data, and our professional skills, we have the necessary distance to always keep the entire picture in sight.

Of course, any good strategy stands on thorough, all-round analysis. Accordingly, we shall gladly support you in setting up or restructuring your controlling processes. On the basis of reliable data, we carry out target / actual comparisons, capital requirement planning, variance analyses, cost accounting and cost centre accounting, which can be used, for example, to monitor the success of individual branches or departments. Using this information as a starting point, we conduct your financial planning, i.e. the planning of income, liquidity and balance sheet, as well as of every other business component. Thus, we can directly establish or optimise new structures as part of your business processes, either as an external service provider or as an interim manager. Our services cover the planning, execution and development of company acquisitions and sales, as well as company mergers. Are you looking for a company successor? If so, we can help.

A selection of our services:

Interim management: Business advice when and where needed.

In our digitized world, it is irrelevant whether intellectual services are provided on premise; ultimately, it is the outcome that matters. While this is certainly true for employees working remotely or from home, our offering in this respect looks somewhat different. Understand the advantages of interim management directly in your company.

Especially in exceptional situations and far-reaching changes such as company acquisitions, rebuilding of departments, branch or subsidiary closing, product launches, or the search for a SUCCESSOR, managing the process directly at your site might prove beneficial.

In this context, face to face communication and dialogue become more direct and easier, and this immediacy shortens decision-making cycles. What is more, employees can attribute any decisions we make together to actual persons, which lends legitimacy to the whole process.

We can thus discuss, directly on-premise, financial planning, the establishment / restructuring of the controlling department, or simply a compensation for unexpectedly terminated employees. This form of business consultancy includes personnel responsibility, for instance, when restructuring or optimising your organisation.

Making profits as a non-profit organisation: Reconciling both realities

The non-profit status is a meaningful institution, which can be roughly described as follows: Anyone doing something for the common good receives tax advantages on the part of the State in return. To be sure, the legislator pursues a whole series of non-profit purposes from SPORTS to international understanding; however, standards for interpreting what may and may not constitute a non-profit organization prove much stricter.

And non-profit organisations whose status is revoked by the Tax Office can face significant economic difficulties including bankruptcy. In such cases, for example, the Tax Office demands the retroactive settlement of corporation tax. Organisations that operate as a non-profit, limited liability companies (gGmbH), therefore, must meet a number of requirements e.g., from the wording of their statutes to day-to-day operation. How are profits generated, how are assets and reserves formed, how can we establish a clean separation between non-profit and commercial operations? For example, these questions must be specifically addressed for organisations such as retirement homes, which reinvest money in real estate to benefit from the rental income, or which operate a coffee shop for their residents and hire staff.

As tax consultants, we support you from the foundation of the non-profit organization / association to its full development and regular operation. We provide legal advice through experienced lawyers from our network.

Services for non-profit companies and associations (extract):

Consultancy in establishing non-profit organisations, in particular family foundations

Tax consultancy regarding the drafting of company agreements and statutes

Consultancy of on asset and reserve formation

Tax consultancy and advice on legal certainty in the current business (accounting, input tax deductions, VAT specifics, etc.)

Fulfilment of tax declarations, preparation of annual financial statements as well as asset and resource utilization statements

Succession consultancy: Leaving your life’s work in good hands

As they start thinking about succession, owners have usually worked for decades in their company. This is particularly true for family businesses, where owners have great emotional attachment to their organisations. And this should come as no surprise, as it is their life’s work. We ensure a smooth delivery to the next generation, either through a gift during the owner’s lifetime, or via a testamentary decision.

In our experience, successful succession consultancy must look at the process as whole, from all possible angles. The will of the potential testator is paramount throughout the entire planning phase, and making his or her wishes come true remain our top priority. To avoid misunderstandings, nonetheless, the entire owner’s family must be included. In this scenario, we strive to reconcile distinct positions and ideas. In our experience and according to all parties involved, our mediation avoids inheritance disputes.

Generally speaking, succession consultancy engagements unfold as follows: After preparing an asset inventory, we review the testator’s will and seek agreement with potential heirs. We calculate their tax burden, define a strategy for its optimisation, and proceed to its execution. Moreover, we often monitor – upon request – the long-term implementation of the overall conditions.

A valuable tip: Lifemap® is a useful tool to deal with inheritances. As your tax consultant, we shall compile all relevant documents, from the will to bank statements to insurance policies. All documents in one place and one less thing to consider!

Succession consultancy services:

Preparation of asset inventory including private balance sheets

Development of a tax-optimised gift / inheritance model that is primarily oriented to the wishes of the donor / testator

Gift tax assessment of companies and other assets

Complete coordination of the implementation of civil law implementation, with the involvement of suitable experts from our network

Who determines the value of a company?

As an entrepreneur, you will have full knowledge of your company’s assets and liabilities. But, even if the company is more than the sum of its parts, what is the value of the vehicle fleet, machinery, real estate, patents and all other assets? The answer to this question is key when it comes to sales or acquisitions.

Whether buyers or sellers, both sides should receive or pay their dues through a transparent acquisition process, and a fair, market-based purchase / sale price. We can support this process from the initial analysis to the moment contracts are signed. Needless to say, we shall start even earlier for sales operations. Through appropriate measures such as restructuring and strategic balance sheet planning, we prepare the sale in the long term. Whether we are looking for a company’s purchase price, a purchase / sale or a merger, our network remains at your disposal.

Although the above-mentioned processes always involve several people with their specializations and competences, you are assigned a single, central contact person, who coordinates all service providers for you.

Sample of services for sales, mergers and acquisitions:

Set up a digital data source for all relevant documents

Complete verification (tax and financial due diligence) for the buyer, support to the seller during due diligence

Support for the purchase model development

Determination of the purchase price based on agreed models

Moderation of price negotiations

Supporting the implementation of civil law from the creation of the contract to the notarial certification

Post-transaction: Monitoring / supervision of the agreement IN OPERATION

Curriculum vitae Thomas Kiel

Year 1976, grew up in Lippe. My first impressions of the tax consultancy profession came through my father’s job, who also run his own tax advisory firm. I took my Abitur (high school graduation) in Lippe too, but I have been based in Münster since the end of 2000.

From 1996 to October 2000, directly after my Abitur, I completed my studies of economics in Hanover, focusing on tax, auditing and civil and labour law. I fondly remember these years as an outstanding apprenticeship opportunity of basic business principles, which remain the foundation of my current activities.

In November 2000, immediately afterwards, I started a project with PriceWaterhouseCoopers AG with focus on the “Neue Mittlestand” (new mid-sized organisations). This was the beginning of my actual apprenticeship period, whereby I learned the entire craftwork of my present consultative activity, in particular, the holistic consideration of matters at hand.

In April 2004, I became a certified tax advisor, which helped me open up a new chapter in my professional career.

From January 2005 to May 2006, I worked as a tax consultant at a local tax consultancy in Münster, amassing thereby enormous experience in the area of ​​employee and company management.

Since June 2006, I run my own tax advisory firm with focus on comprehensive tax and business consultancy for medium-sized clients, helping them from foundation all the way to corporate succession – an amazing opportunity full of thrilling challenges.

Curriculum Vitae Claudia Sauerbier

Born on June 20, 1983 in Jülich. After graduating from a science upper school, I soon acknowledged my preference for numbers.

In 2003, I started my studies at the RWTH Aachen University: Business administration with emphasis on tax law, international tax law and group accounting, as well as mechanical engineering as an auxiliary subject from the main study course.

In 2008, I finally received my sought-after diploma and threw a memorable party to celebrate.

Afterwards, I devoted myself to gaining experience, initially as a tax and auditing assistant for medium-sized companies and non-profit institutions. Interestingly enough, my first audit engagement and entry into the field of non-profit law happened at one of the largest German foundations.

In 2013, I received my tax consultant certification – certainly a major personal and professional milestone. This would not have happened without the undying support of my family and of my husband in particular!

Through 2015, I kept on gaining valuable experience, this time as a manager in the Tax area of PricewaterhouseCoopers AG, focusing again on medium-sized companies, but also on international corporations with all variants under the tax law. This was no doubt an exciting time that shaped my professional stance.

Finally, my path crossed with Thomas Kiel in October 2015. Our common past at PricewaterhouseCoopers brought us together. I can appreciate his way of working and recognise the synergies that will arise.

Since January 2017, I am a partner at the tax consultant firm Kiel & Kollegen GbR, which moves forward into an exciting future at full speed. I’m looking forward to it!

Dispute resolution

We do not take part in online dispute resolutions at consumer arbitration boards.

Liability for Contents

As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.

Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.

Liability for Links

Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright

Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.

Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

Thomas Kiel
Hafenweg 24a
48155 Münster

Telephone: 0251/384 713 54
Email: thomas.kiel@kielkollegen.de

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:

Browser type and browser version

Operating system used

Referrer URL

Host name of the accessing computer

Time of the server request

IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

4. Plugins and tools

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.